Conditions of Use

WEB SITE TERMS AND CONDITIONS OF USE

Please read carefully. YOUR USE OF THIS WEB SITE (hereinafter the "Site") CONSTITUTES YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE. If you do not agree with any of these Terms and Conditions of Use, do not use this site. On The Flip Side reserves the right to update or modify these Terms and Conditions of Use at any time without prior notice. We encourage you to review these Terms and Conditions of Use whenever you visit this Site. Materials contained within this Site are intended for Canada, United Kingdom, European Union and U.S. residents. Any deliveries requested for addresses outside these countries are subject to study by On The Flip Side.

License

When You, the user ("You"), use the Site, On The Flip Side grants a limited revocable license to You to use the Site solely on behalf of Yourself or Your organization or company for personal, non-commercial use and solely in compliance with these Terms and Conditions of Use. You may download or copy the contents and other downloadable materials displayed on the Site for Your personal use only. No right, title or interest in any downloaded materials is transferred to You as a result of any such downloading or copying. This license expressly prohibits You, without limitation, from reselling the Site or any portion thereof, making any derivative work of the Site, collecting or using e-mail addresses or other information, ratings or listings, or extracting or mining any data whatsoever. You may use this Site for legitimate informational and shopping purposes only. You may not harm the Site in any way or otherwise use the Site in any improper manner, including, but not limited to hacking into the Site's systems, spoofing or faking e-mail headers or slowing or stopping the functionality of the Site.

Registration and Password

In the event that you register and/or purchase product through this Site, You agree to: (a) provide true, accurate, current and complete information about Yourself as prompted by the registration form. If You provide any information that is untrue, inaccurate, not current or incomplete, or On The Flip Side suspects, for any reason, that such information is untrue, inaccurate, not current or incomplete, On The Flip Side, in its sole discretion, has the right to suspend or terminate Your account and refuse any and all current or future use of the Site by You. You will create a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under Your password or account. You agree to (a) immediately notify On The Flip Side of any unauthorized use of Your password or account or any other breach of security. On The Flip Side will not be liable for any loss or damage arising from Your failure to comply with this paragraph.

Links to Other Sites

References on this Site to any name, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to You and do not in any constitute or way imply an endorsement, sponsorship or recommendation by On The Flip Side regarding the third party information, product or service. These sites are maintained by third parties over whom On The Flip Side exercises no control. On The Flip Side has not reviewed all sites linked to this Site and On The Flip Side expressly disclaims any responsibility for the content, the accuracy of the information, and/or the quality of products or services provided by or advertised on these third-party web sites. If You decide to link to any such third party site, You do so at Your own risk.

Statements Made in Describing Goods

On The Flip Side DOES NOT WARRANT THAT THE WEB SITE OR THE MATERIALS CONTAINED THEREIN WILL BE ACCURATE, RELIABLE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, OR THE SERVER THAT MAKES IT AVAILABLE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. On The Flip Side CANNOT BE HELD RESPONSIBLE FOR ERRORS AND OMISSIONS IN ANY CATALOGUE, PRODUCT ADVERTISING MATERIAL, OR SITE, ANY GLOSSARIES CONTAINED WITHIN THE WEB SITE, OR ANY SUPPLEMENTAL MATERIAL. MATERIAL ON THE SITE ALSO MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND MAY BE CHANGED OR UPDATED WITHOUT NOTICE; On The Flip Side WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY SUCH INACCURACIES, ERRORS, CHANGES, OR UPDATES. On The Flip Side IN ITS SOLE DISCRETION MAY ADD, DELETE, OR CHANGE SOME OR ALL SERVICES OFFERED VIA THE WEB SITE AT ANY TIME.

Your Representations & Indemnification Obligation

You expressly represent and warrant to On The Flip Side that You will use this Site, and any products purchased from On The Flip Side, in accordance with all applicable local, provincial, state, national and international laws, and in accordance with these Terms and Conditions of Use. You agree to defend, indemnify, and hold harmless On the Flip Side and all of their respective employees, agents, directors, officers, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors, assigns, agents, licensors, and third party providers to the Site from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses), relating to or arising from (a) Your use of the Site; or (b) any breach by You of these Terms and Conditions of Use. You hereby waive and release On The Flip Side from all rights of contribution or indemnity to which You otherwise may be entitled. On The Flip Side reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by You, in which event You will fully cooperate with On The Flip Side in asserting any available defenses.

DISCLAIMER OF WARRANTIES

THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. On The Flip Side EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, MERCHANDISE, OR PRODUCTS INCLUDED OR DISPLAYED ON THIS SITE OR ANY PRODUCTS OFFERED OR AVAILABLE THROUGH THE SITE OR THE CATALOGUE, EXCEPT AS SET FORTH BELOW. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, On The Flip Side DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE On The Flip Side WEB SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES AND/OR COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. If, for any reason, You are not completely satisfied with any purchase, simply return it to On The Flip Side within 30 days of purchase for full credit or exchange. The item must be in its original packaging. Return shipping charges must be prepaid by You and You must insure the shipment or accept the risk of loss or damage during shipment. All warranty materials and the original receipt must be included with any returned purchases. The item must not have been worn or altered in any way.

Colors and Pricing

On The Flip Side makes every effort to display as accurately as possible the colors of its products that appear on the Site. However, as the actual colors You see will depend on Your monitor, On The Flip Side cannot guarantee that Your monitor's display of any color will be accurate. While On The Flip Side strives to provide accurate product and pricing information, pricing or typographical efforts may occur. On The Flip Side cannot confirm the price of an item until after You order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, On The Flip Side shall have the right, in its sole discretion to refuse or cancel any orders placed for that item. In the event that an item is mispriced, On The Flip Side may, at its discretion, either contact You with instructions or cancel Your order and notify You of such cancellation. Prices and availability are subject to change without notice.

Acceptance

Please note that there may be certain orders that On The Flip Side is unable to accept and must cancel. On The Flip Side reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Some situations that may result in Your order being cancelled include limitations on quantities available for purchase, inaccuracies or error in product origin information, or problems identified as part of credit and fraud avoidance. On The Flip Side also may require additional verification or information before accepting any order. On The Flip Side will contact You if all or any portion of Your order is cancelled or if additional information is required to accept Your order. If Your order is canceled after Your credit card has been charged, On The Flip Side will issue a credit to Your credit card in the amount of the charge. The receipt of an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. On The Flip Side reserves the right, without prior notification, to refuse service to any customer.

Shipment of Orders

Items ordered through On The Flip Side are shipped via Canada Post on approval. A street address is required for delivery. Processing time for in stock items is approximately 2 business days. Delivery times do not include processing time. At this time On The Flip Side only ships merchandise to Canada, United States of America, United Kingdom and the European Union. Additional charges may be applied to merchandise shipped to other countries.

Intellectual Property Rights

All materials contained in the Site, including without limitation all images, text, illustrations, designs, icons, photographs and other materials that are distributed with this Site and all the products available on the Site, are the intellectual property owned, controlled or licensed by On The Flip Side. Accordingly, such materials are protected by law, including but not limited to Canadian copyright, patent and trademark law, as well as other provincial, state, national, and international laws and regulations. On The Flip Side expressly reserve all intellectual property rights in all text, products, technology, content, and other materials that appear on this Site. Except as otherwise expressly provided in these Terms and Conditions of Use, access by You to this Site does not confer any license under any of On The Flip Side's or any third party's intellectual property rights. The compilation (meaning the collection, arrangement and assembly) of all content on this Site is the exclusive property of On The Flip Side and is also protected by Canadian and international copyright law. You agree not to copy, modify, adapt, reproduce (except as noted above), publish, translate, distribute, transmit, display, reverse engineer, create derivative works from, sell or participate in the sale of, dissemble or in any way exploit any aspect of the Site. Please be aware that On The Flip Side actively and aggressively enforces its intellectual property rights to the fullest extent of the law.

Communications on Internet; Events Beyond On The Flip Side's Control

Use of the Internet is solely at Your own risk and is subject to all applicable local, provincial, state, national, and international laws and regulations. While On The Flip Side has endeavored to create a secure and reliable Site, On The Flip Side and its affiliates are not responsible for the security of information transmitted via the Internet, the accuracy of the information contained in the Site, or the consequences of any reliance by You on such information. You must make Your own determination as to these matters. On The Flip Side cannot guarantee that You will be able to access the Site at all times or that the Site will be secure, uninterrupted, or error-free, nor can On The Flip Side provide assurances that transactions will be completed properly. On The Flip Side is not responsible for failure to execute a purchase or technical problems that may hinder the efficacy of a purchase (including e-mail, transmission times or other delays). On The Flip Side will not be liable for damages as a result of any delay or other failure of performance due to causes beyond their reasonable control including, without limitation, acts of God, acts by You or by any of Your representatives or by any third parties, acts of military or civil authorities, fire or other casualty, strikes, lockouts, weather, epidemic, war, riot, terrorism, telecommunications interruptions or computer viruses./p>

Security of Site

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (a) accessing data not intended for Your use or logging onto a server or an account that You are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, by submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited e-mail, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Actual or attempted unauthorized use of the Site or violations of system or network security may result in criminal and/or civil prosecution. For Your protection, On The Flip Side reserves the right to view, monitor, and record activity on the Site without notice and without permission from You. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the Site. In addition, On The Flip Side will comply with all court orders involving requests for such information. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You also agree not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from On The Flip Site on this Site or from generally available third party web browsers.

Termination

These Terms and Conditions of Use constitute an agreement that is effective until terminated by On The Flip Side at any time without notice. On The Flip Side may terminate Your right to use this Site immediately without notice to You if, in On The Flip Side's sole discretion, You violate or fail to comply with any of these Terms and Conditions of Use. In the event of termination, You will no longer be authorized to access this Site. The restrictions imposed upon You with respect to material copied or downloaded, and the disclaimers and limitations of liability set forth in the Terms and Conditions of Use, shall survive the termination of these Terms and Conditions of Use. You may terminate these Terms and Conditions of Use at any time, provided that You discontinue any further use of this Site.

Miscellaneous

These Terms and Conditions of Use constitute the entire agreement between You and On The Flip Side relating to the subject matter addressed herein. If any portion of these Terms and Conditions of Use is adjudged invalid or unenforceable by a court of competent jurisdiction, the remaining portions will remain valid, enforceable, and carried into effect. The Terms and Conditions of Use may be modified by On The Flip Side at any time without prior notice, by posting such changes at the Site. Modifications required by law or designated by On The Flip Side will become effective immediately. Your continued use of the Site following notice of any such modification will be conclusively deemed Your unconditional acceptance of the revised Terms and Conditions of Use. If any such revision is unacceptable to You, You should discontinue use of the Site immediately. A printed version of these Terms and Conditions of Use and of any notice given in electronic form will be admissible in judicial or administrative proceedings based on or relating to these Terms and Conditions of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The failure of On The Flip Side to act with respect to a breach of this Agreement by You or others does not constitute a waiver and shall not limit On The Flip Side's rights with respect to such breach or any subsequent breaches.